Fair Debt Collection Practices Act (FDCPA)
By the time creditors are calling to collect from you, it is likely you are unable to afford the payments due; however, that does not mean you are forced to endure additional stress from late night calls and excessive notices. There are federal and state laws which provide consumers protection from malicious and unfair debt collection practices. Our attorneys will investigate claims against debt collectors whose activities violate FDCPA laws.
We are able and willing to evaluate any situations in which you believe your rights as a consumer have been violated.
Federal Debt Collection Practices Act Violations
The Federal Debt Collection Practices Act (FDCPA) provides protection from a variety of abusive, deceptive, and unfair debt collection practices by debt collectors. Abusive and harassing debt collection actions negatively impact the number of personal bankruptcies, marital financial issues, loss of employment, and invading the privacy of individuals. To afford consumers with protection from the seemingly endless debt collection attempts certain creditors will make, Federal laws prohibit certain forms of debt collection methods. The attorney’s at Luftman, Heck & Associates are committed to representing our clients in claims against a debt collector who violates the FDCPA by:
- Calling you at a location known to be inconvenient (i.e. at your place of employment), or during inappropriate hours (generally between 9:00pm and 8:00am)
- Continuing to call you after being informed that you have legal representation
- Continued communication attempts by a creditor after being informed that you are unable to pay the debt
- Use of physical or verbal threats or acts to collect debt
- Publicizing or threatening to make public your debt delinquencies
- Excessively calling you with an intent to disturb or annoy
- Making false representations that the caller is an attorney
- Making false threats that failing to pay will result in an arrest, imprisonment or other taking of your property
- Attempting to collect a debt via a postcard
- Acquiring your location information from another person, while stating that you owe a debt in order to learn of your location.
- Threatening to deposit, or depositing, a postdated check before the date written on the check
These actions include only a few circumstances in which a debt collector may be liable for violations of the FDCPA. As is the case in many legal claims, there may be a limit on the amount of time you have to file a claim for FDCPA violations. Please contact one of our attorneys if you have experienced any of these debt collection practices, or any others which appear seemingly unfair. We are happy to assist you in determining whether you are entitled to protection under the FDCPA.
